County talks options in CLF suit

Friday

Jun 1, 2012 at 2:00 AM

The Barnstable County Commissioners were to meet today (Friday) in executive session to discuss strategy in the wastewater suit filed by the Conservation Law Foundation to enforce the Clean Water Act on Cape Cod.

Wastewater suit against EPA moving forward

The Barnstable County Commissioners were to meet today (Friday) in executive session to discuss strategy in the wastewater suit filed by the Conservation Law Foundation to enforce the Clean Water Act on Cape Cod.

On May 29, CLF, fellow plaintiff the Buzzards Bay Coalition and the U.S. Environmental Protection Agency filed a joint scheduling motion with the U.S. District Court of Massachusetts outlining their desired timing for moving the suit forward.

“We look forward to having the Court apply the protections of the Clean Water Act to expedite the clean-up of Cape Cod’s waters,” the plaintiffs said in a joint statement May 29.

A primary focus of the suit is to have nitrogen loads that come from wastewater treatment plants and even individual septic systems reduced as part of the regulatory framework of the federal Clean Water Act.

A strategy session for the county was suggested at the May 23 Water Protection Collaborative meeting. Although no official action could be take for lack of quorum of the 17-member collaborative, there was discussion among the six attending members and Executive Director Andrew Gottlieb regarding the suit and its status.

At the May 23 meeting, Falmouth Wastewater Superintendent Jerry Potamus asked about the possibility of towns joining together as an intervener in the CLF suit. Potamus said that there had been some discussions to that effect when the suit was first filed.

"We have not had that conversation," Gottlieb said.

He said that the county has not been approached, but he understood there were some parties talking about that possibility.

"It may be that we need to have that conversation with the county commissioners," Gottlieb said.

In August 2010, CLF and the Coalition for Buzzards Bay also filed a notice of intent to sue Barnstable County under Section 208 of the Clean Water Act, which addresses a regional wastewater plan. The basic tenets of that suit were recast and filed against the EPA, which has enforcement jurisdiction under Section 208 and all another aspects of the Clean Water Act.

Gottlieb said that the intent to sue notice remains active and it's still possible either side could enjoin the county as part of the suit.

"It's not a unilateral decision on whether we join that action or not," Gottlieb told Collaborative members. "The parties could choose to do so."

State Recognition

The Water Infrastructure Finance Commission, organized as part of the 2010 state budget, completed its report in February. The final report was issued in May and identifies a $21.4 billion funding gap in addressing water infrastructure across Massachusetts.

According to the report, existing revenues from all sources used to fund the operation and maintenance of water infrastructure across the state, drinking and waste water, falls $21.4 billion short for repairing existing infrastructure and installing new facilities. Drinking water infrastructure represents $10.2 billion and wastewater infrastructure $11.4 billion.

Another $18 billion could be added on top of that if new federal storm water standards are adopted.

To help close the gap over time, the report suggests a new trust fund, funded at $200 million annually, offering a variety of funding – direct, low-interest loans, grants – for communities. Another $50 to $60 million was recommended to provide debt assistance for communities.

This funding, in addition to “moderate, predictable rate increases” at the community level is expected to close the funding gap over a 20-year period.

The report also suggests creating incentives for communities to work together in a more flexible regulatory structure, away from “silos of decision making.”

Massachusetts is one of four states that has not accepted primacy in the enforcement of the Clean Water Act, leaving enforcement to federal agencies. Of those four, three are in New England.

Should Massachusetts accept the responsibility of enforcement, the report suggests that greater flexibility would be possible in addressing wastewater needs across that state.

“A municipality, watershed or region should be encouraged to build infrastructure that is selected, sequenced, and phased to optimize the use of resources,” the report reads (page 87). “It should be encouraged to use scarce resources in the most efficient way possible rather than be required to meet compartmentalized, rigid requirements.”

Cape Cod Commission Executive Director Paul Niedzwiecki served on the special commission as the appointee of Senate President Therese Murray. As part of a wide-ranging editorial board meeting with the Patriot May 28, Niedzwiecki said that a side benefit from the commission is recognition of just how far behind other regions the Cape is for wastewater infrastructure.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.